Daim slams MACC’s probe against him as a deeply disturbing abuse of power

Friday 10 May 2024

KUALA LUMPUR (Jan 11): Former finance minister Tun Daim Zainuddin has claimed that the Malaysian Anti-Corruption Commission’s (MACC) probe against him is an abuse of power and unlawful.

He said this in his affidavit on Thursday in support of a judicial review application by him and his family members to quash the MACC’s investigation and to release their assets.

Daim revealed that he is being investigated under Section 23 of the MACC Act for abuse of power for gratification.

Section 23 of the MACC Act stipulates that it is an offence to use an office or position for gratification, and a person convicted of such an offence is liable to face a jail term of 20 years and a fine of five times the gratification.

The former finance minister described the MACC’s conduct as being perplexing and deeply disturbing, as he had never been informed of the actual details of the purported offence, and as he had not held any public post since his resignation as the finance minister on May 31, 2001.

“I am unaware of what actions I have taken which the MACC believes constitute an offence under Section 23 of the MACC Act and Section 4(1) of Amla [for money laundering]. Therefore, it is clear that the MACC has conducted a fishing expedition against us (Daim and his family) without reasonable cause,” Daim added.

Amla is the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.

In the affidavit, Daim denied any wrongdoing. He made a similar denial in an earlier press statement.

“I have not committed any offence under either the MACC Act or Amla,” the former finance minister said in the affidavit, which was sighted by The Edge following a file search.

Daim alleged that the MACC’s purported investigation began on Feb 12 last year, where he had given a statement to the commission, and the anti-graft body did not respond again until June, where notices pursuant to Section 36(1)(a) of the MACC Act were issued to seek information on the family’s assets, and sources of income and assets sent out from Malaysia from 1997 to date.

“The notices stated thereon that they were issued by MACC chief commissioner [Tan Sri] Azam Baki, that [the body] has a ‘reasonable cause’ to believe an offence for gratification under Section 23 of the MACC Act [has been committed],” Daim said, adding that a Section 44(1) notice under Amla was also issued against him and his family to freeze their bank accounts.

Daim further claimed that despite various documents produced and compliance and cooperation given to the MACC in its investigation, the commission continued its probe against him and his family members without disclosing the facts alleged against them.

Yet, Daim said that in its raid on Dec 18, the MACC was seeking documents from 2009 and those relating to the construction of the Ilham Tower, which began in 2009 and was completed in 2015.

“I therefore believe that the MACC did not in fact have any basis, [let alone reasonable cause], for believing that an offence was committed by me or my family members under Section 23 of the MACC Act for gratification in public office. The MACC has thus embarked on a fishing expedition. This is a clear abuse of power. It is also unlawful,” he added.

Daim further alleged that the MACC’s protracted "investigation process" had caused further delays, resulting in freezing orders and seizures against him and his family, and this had prejudiced them.

“The MACC’s notices, raids and seizures have also been widely reported by the media, tarnishing our image. Our constitutional right to privacy has been gravely violated,” Daim said, adding that following the Amla notices, a number of their bank accounts had been frozen since June 7 last year, and seven months had already passed.

Daim, 85, said that he left public office some 22 years ago in May 2001, and no charges were intended or instituted against him or his family members since then. It would be unconstitutional and void if there are charges now, and he would not receive a fair trial, he said.

“That would constitute an infringement of my family members' and my rights to ‘personal liberty’ protected under Article 5(1) of the Federal Constitution,” he added.

He said that he was unaware of the allegations made against him by an undisclosed complainant.

Earlier, it was reported that Daim and his family members had filed a judicial review application on Wednesday to stop the MACC probe, and were seeking a release or unfreezing of the seizure and freeze orders on their assets.

Edited ByAniza Damis

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